NY State Senate Bill S2723

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Mar 29, 2020	advanced to third reading
Mar 18, 2020	2nd report cal.
Mar 11, 2020	1st report cal.608
Jan 08, 2020	referred to domestic animal welfare returned to senate died in assembly
Jun 04, 2019	referred to agriculture delivered to assembly passed senate
Mar 05, 2019	advanced to third reading
Mar 04, 2019	2nd report cal.
Feb 28, 2019	1st report cal.197
Jan 29, 2019	referred to domestic animal welfare

Votes

view votes

Mar 11, 2020 - Domestic Animal Welfare committee Vote

S2723

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 4, 2019 - floor Vote

S2723

floor

Aye

Nay

Absent

Excused

Abstained

Feb 28, 2019 - Domestic Animal Welfare committee Vote

S2723

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S2723 (ACTIVE) - Details

See Assembly Version of this Bill:: A757
Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4265, A6252
2017-2018: S4163, A3844
2021-2022: S960, A2152
2023-2024: S761, A776

S2723 (ACTIVE) - Summary

Relates to aggravated cruelty to animals.

S2723 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2723

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to aggra-
vated cruelty to animals

 
PURPOSE:

Removes the term "serious" from the "serious physical injury" language
of Section 353-a of the agriculture and markets law.

 
SUMMARY OF PROVISIONS:

Subdivision one of Section 353-a of the agriculture and markets law
would be amended, with the term "serious" in line 3 of subdivision one
struck, to read only as "...intentionally causes (serious) physical
injury to a companion animal...".

JUSTIFICATION:

In June 2014 on Staten Island, Rocky, an English bulldog, was the victim
of a terrible act of cruelty when a neighbor threw ammonia in his face
in an attempt to quiet his barking. By the time they brought Rocky to
the vet, he had ulcers in both his eyes and the vet wasn't sure if he
would ever see again. Thankfully, Rocky was able to make a full recov-
ery. Yet this recovery also gave the perpetrator a way out.  Due to the
language of the felony animal cruelty statute, a charge could not be
sustained. The dog's recovery conflicted with the prosecutor's interpre-
tation of "serious physical injury". This meant that because the dog
survived and recovered 100's, the perpetrator would be facing a lesser
penalty. This is nothing new. The Times Union reports that only 17% of
those charged with felony aggravated cruelty to animals end up in felony
convictions (in New York State).  In this case, the perpetrator was
given conditional discharge after being convicted of misdemeanor animal
cruelty charges, and forced to pay $1,000 to the ASPCA for the dog's
medical treatment. Also, the perpetrator may not go near Rocky, and may
never be allowed to own a dog again. It is evident the punishment does
not fit the crime.  Eliminating the word "serious" from the statute
would fix this, so if a person's actions were intended to cause extreme
physical pain or conducted in an especially depraved or sadistic manner
(language from section 353-a of the Agriculture and Markets law), one
would only have to prove that the animal was killed or injured.

 
LEGISLATIVE HISTORY:

2017-2018: S4163 Agriculture /A.3844 Rosenthal - Agriculture
2015-2016: S.4265 Passed Senate /A.6252 Rosenthal - Agriculture

 
FISCAL IMPLICATIONS:

None

S2723 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2723
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by Sens. KRUEGER, ADDABBO, FUNKE, HOYLMAN, MARTINEZ, SERINO,
   SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Domestic Animal Welfare
 
 AN  ACT  to amend the agriculture and markets law, in relation to aggra-
   vated cruelty to animals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  353-a of the agriculture and
 markets law, as added by chapter 118 of the laws of 1999, is amended  to
 read as follows:
   1.  A  person is guilty of aggravated cruelty to animals when, with no
 justifiable purpose, he or  she  intentionally  kills  or  intentionally
 causes  [serious]  physical injury to a companion animal with aggravated
 cruelty.  For purposes of this section, "aggravated cruelty" shall  mean
 conduct  which:  (i) is intended to cause extreme physical pain; or (ii)
 is done or carried out in an especially depraved or sadistic manner.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02461-01-9

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The New York State Senate

senate Bill S2723

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Mar 11, 2020 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: Mar 11, 2020

Jun 4, 2019 - floor Vote

Floor Vote: Jun 4, 2019

Feb 28, 2019 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: Feb 28, 2019

Co-Sponsors

S2723 (ACTIVE) - Details

S2723 (ACTIVE) - Summary

S2723 (ACTIVE) - Sponsor Memo

S2723 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2723

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Mar 11, 2020 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: Mar 11, 2020

Jun 4, 2019 - floor Vote

Floor Vote: Jun 4, 2019

Feb 28, 2019 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: Feb 28, 2019

Co-Sponsors

S2723 (ACTIVE) - Details

S2723 (ACTIVE) - Summary

S2723 (ACTIVE) - Sponsor Memo

S2723 (ACTIVE) - Bill Text download pdf

Comments